Waiting for action...
A traumatic brain injury changes everything. It can alter a person’s personality, erase memories, strip away the ability to work, and transform someone who was fully independent into a person who requires constant care and support. When that injury was caused by another person’s negligence, the financial and human costs do not simply have to be absorbed by the victim and their family.
Arizona law provides a path to accountability and compensation, and Desert Star Law Group is ready to pursue it. Our attorneys have recovered over $500 million for seriously injured clients and their families. We handle catastrophic injury cases with the focused experience these high-stakes claims often require. Call us at (602) 686-9936 for a free consultation today.
A traumatic brain injury, or TBI, is damage to the brain caused by an external physical force such as a blow, jolt, or penetrating injury to the head. TBIs range from mild concussions that often resolve within weeks to severe injuries that produce permanent neurological damage affecting every aspect of a person’s life.
Unlike many injuries that can be clearly visualized and precisely measured, brain injuries often involve complex and evolving symptoms that may not be fully understood until weeks or months after the initial trauma.
Traumatic brain injuries are classified by severity using several systems, the most common of which is the Glasgow Coma Scale evaluated at the time of the initial injury.
Mild TBI, which includes concussion, involves a brief loss of consciousness or disorientation and typically does not produce visible damage on standard imaging. Despite being classified as mild, these injuries can produce persistent symptoms including headaches, cognitive difficulties, and emotional changes that significantly affect daily functioning.
Moderate TBI involves a longer period of unconsciousness and typically produces more significant cognitive and physical impairment. Imaging studies often show structural damage, and recovery may take months with ongoing deficits remaining after that period.
Severe TBI involves extended unconsciousness or coma, often produces lasting and profound neurological impairment, and may require lifelong medical care and personal assistance. The most serious injuries can leave survivors with permanent disability affecting movement, cognition, behavior, and the ability to live independently.
The long-term consequences of a serious traumatic brain injury extend far beyond the immediate medical crisis. For many TBI survivors, the long-term cost of care, lost earning capacity, and the permanent alteration of quality of life far exceeds the acute medical expenses, which is why accurately projecting and pursuing future damages is one of the most important aspects of a serious brain injury claim.
Traumatic brain injuries in the Phoenix area result from a wide range of causes, many of which involve another party’s negligence:
In many of these scenarios, negligence or wrongful conduct by another party contributes to the brain injury, and that negligence forms the legal foundation of the victim’s claim.
TBI symptoms vary significantly depending on the severity and location of the injury, and they may not all appear immediately after the accident.
Symptoms to be aware of include:
Seeking medical evaluation immediately after any accident involving a head impact is critical both for health reasons and for the legal claim. Delayed presentation of symptoms is common with TBIs, and prompt medical documentation creates the record that connects the injury to the accident.
Identifying every party whose negligence contributed to the accident that caused a traumatic brain injury is one of the most important early steps in pursuing a claim. Depending on the circumstances, responsible parties may include:
In many serious TBI cases, more than one party may share responsibility for the injury. We can help to identify all liable parties and pursue the compensation available for the injured person and their family.
A traumatic brain injury attorney in Arizona can pursue compensation across a broad range of economic and non-economic damages that reflect the full scope of what the injury has cost and will continue to cost throughout the victim’s life.
Economic damages include past and future medical expenses encompassing emergency treatment, neurosurgical care, hospitalization, diagnostic imaging, rehabilitation, neuropsychological treatment, medications, and the cost of adaptive equipment and home modifications. Lost wages for time missed during recovery and reduced or eliminated earning capacity for injuries that permanently affect the ability to work are also recoverable.
In cases involving severe TBI requiring ongoing personal care, the lifetime cost of that care must be fully calculated and included in the claim.
Non-economic damages compensate for the profound human impact of a brain injury, including pain and suffering, emotional distress, loss of enjoyment of life, and the devastating changes to personality, relationships, and identity that serious TBIs produce. Loss of consortium damages may be available for the impact on the injured person’s relationship with their spouse.
There is no meaningful average settlement figure for traumatic brain injury cases because the value of each claim depends entirely on the specific facts. Mild TBI cases with full recovery may settle in ranges that reflect limited ongoing medical needs and modest wage loss. Severe TBI cases involving permanent disability, lifetime care requirements, and complete loss of earning capacity can produce multimillion-dollar settlements or verdicts when liability is clear and the damages are effectively documented and presented.
What matters in your case is not a statistical average, but whether the full lifetime cost of your injury is accurately calculated and whether your legal team has the skill and resources to pursue it. Call Desert Star Law Group today at (602) 686-9936. We will collect the details of your case and work toward an estimate of the compensation you may be eligible to receive.
You are generally eligible to file a traumatic brain injury claim in Arizona if your injury was caused by another party’s negligence and that injury produced actual damages. Eligibility does not depend on the severity of the accident in isolation but on whether the elements of negligence can be established and whether your injury produced compensable harm.
Arizona’s pure comparative fault system means that even if you share some responsibility for the accident, you may still recover compensation reduced by your percentage of fault. Partial fault does not eliminate a TBI claim in Arizona. If you are uncertain whether your situation gives rise to a viable claim, the only way to get an informed answer is to speak with an attorney who can evaluate the specific facts.
The timeline for a traumatic brain injury lawsuit depends on several factors including the disputed liability, the extent of the medical treatment required, the number of defendants involved, and whether the case resolves through settlement or proceeds to trial. Cases that settle before litigation is filed may resolve within months of retaining an attorney. In many cases, litigation can take one to three years or more.
Settlement timing in brain injury cases is significantly affected by the principle of waiting until maximum medical improvement is reached before settling. Settling before the full extent of the injury is understood means accepting compensation without knowing the true lifetime cost of the injury, which can result in significant undercompensation. An attorney experienced in serious brain injury cases will advise on the appropriate timing for settlement discussions to ensure the recovery reflects the full scope of the damages.
Knowing what to expect at each stage of a traumatic brain injury lawsuit helps clients plan ahead and avoid unnecessary surprises. The process generally unfolds as follows:
Because Arizona generally imposes a two-year statute of limitations for personal injury claims, acting promptly is essential. Missing that deadline eliminates the right to pursue compensation regardless of how strong the underlying case may be.
Desert Star Law Group is a personal injury firm that handles catastrophic injury cases throughout Phoenix and Arizona. Our attorneys understand the medical vernacular of traumatic brain injury cases, the lifetime costs that serious TBIs produce, and the litigation approach required to pursue those costs effectively against well-resourced defendants and their insurers.
We work with qualified neurological experts, neuropsychologists, life care planners, and forensic economists to build the comprehensive, expert-supported cases that TBI claims require. We handle every case on a contingency fee basis, meaning no attorney fees unless we recover compensation for you, and we offer free consultations so families can understand their options before making any decisions.
If you or a family member suffered a traumatic brain injury anywhere in Arizona because of someone else’s negligence, contact Desert Star Law Group at (602) 686-9936 today to speak with a traumatic brain injury attorney.
He was driving straight through a green light at a familiar intersection when an oncoming vehicle suddenly made a left turn directly in front of him. He didn’t have time to react before the vehicles collided, which triggered the airbags.
He was sent to the hospital from the scene, underwent 2 back surgeries, and required extensive physical therapy. He’s back to 100% with a $370,000 settlement.
She was traveling on the highway in moderate traffic when a vehicle behind her began weaving between lanes at a high rate of speed. Moments later, that vehicle lost control and collided with several cars, setting off a chain-reaction crash that ultimately impacted her vehicle.
After the collision, she experienced neck and upper back pain along with persistent headaches. She was later diagnosed with cervical and thoracic strain, as well as a concussion. She ended up having back surgery and underwent a course of treatment for her head injury that included physical therapy and monitored recovery. Over time, her symptoms resolved, and she returned to her normal routine without ongoing limitations. $150,000 Settlement
He was a dog groomer who made house calls in his truck. While grooming a dog he was bitten, severing several tendons in his dominant hand. He required surgery to repair the tendons and almost a year of PT to regain full range of motion. He carries scars on his arm that will last a long time. Settled for $150,000.
